TERMS AND
CONDITIONS OF SALE
FOR
www.avonics.co.uk
1
DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees
to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the
Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer
for the sale and purchase of Goods and/or Services incorporating these Terms
and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the
Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from
the Supplier;
1.6 "Supplier" means Avonics
Ltd.
Registered in England No. 3584941
Registered office:
Northstage
78 Broadway
Salford
UK
M50 2UW
that owns and operates www.avonics.co.uk
Phone: + 44 (0) 161 872 7001
Email Address: info@avonics.co.uk
VAT number: 719 4075 26
1.7 "Terms and Conditions" means the terms and conditions of sale set
out in this agreement and any special terms and conditions agreed in writing by
the Supplier;
1.8 "Website" means www.avonics.co.uk
2
CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory
rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of
Goods and/or Services by the Supplier to the Buyer and shall prevail over any
other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of
the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable unless agreed
in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set
out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in
clause 1.6.
3
ORDERING
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the
Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions
and are subject to acceptance by the Supplier. The Supplier may choose not to
accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer
shall be notified and given the option to either wait until the Goods are
available from stock, offered an alternative item with an amended price or
cancel the order and receive a full refund within 28 days.
3.3 When making an order through the Website, the technical steps the Buyer
needs to take to complete the order process are described here.
3.4 The Buyer bares the responsibility to read and accept the Payment and
Delivery terms listed here before accepting the Contract. The acceptance of the
Payment and Delivery will be determined by the acceptance of the contract.
3.5 The Buyer must proceed through the Suppliers online checkout before
proceeding with payment. The Buyer bares the responsibility to report any
online technical issues with the Supplier to rectify any problem before any
request to cancel.
4 PRICE AND PAYMENT
4.1 The price of the Goods and/or Services shall be that stipulated on the
Website. The price is inclusive of VAT unless otherwise stipulated.
4.2 The total purchase price, including VAT and delivery charges, if any, will
be displayed in the Buyer's shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the
details, description and price for the Goods and/or Services together with
information on the right to cancel if the Buyer is a Consumer.
4.4 Where applicable, if any payment is not paid on time or any payment is
rejected or refused, the amount owing will be treated as overdue and the
Supplier will be entitled immediately to cease or suspend the provision of any
Service or further deliveries of Goods until payment has been received.
4.5 The Supplier bares the responsibility to provide the Payment and Delivery
Terms to the Buyer in a sufficient medium for the Buyer in full before dispatch
of Goods and or commencement of Service.
4.6 If the Buyer is unclear on any Payment or Delivery terms, it is the
responsibility of the Buyer to contact the Supplier before they accept the contract.
The Supplier is not liable for any misunderstandings on the Buyers behalf of
any Payment or Delivery terms.
4.7 The Payment and Delivery instructions are outlined here
5
PERFORMANCE OF SERVICES
5.1 The Supplier will start performing the services
within 1 working day of acceptance of contract.
5.2 The Supplier shall perform the Services with reasonable skill and care.
However, where applicable, the Supplier does not guarantee that the Services
will be uninterrupted, secure or error-free or that any data generated, stored,
transmitted or used via or in connection with the Services will be complete,
accurate, secure, up to date, received or delivered correctly or at all. The
Supplier may have to suspend the Services for repair, maintenance or improvement.
If so, the Supplier will restore them as quickly as is reasonably possible.
6
RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically
update prices on the Website, which cannot be guaranteed for any period of
time. The Supplier shall make every effort to ensure prices are correct at the
point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from
the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or
Services from the Website or for refusing to process an order.
6.4 The Suppliers online descriptions are as accurate as possible, as most are
taken directly from the manufacturers manual or product literature. However,
the Supplier will go to any reasonable lengths to compensate the Buyer on these
grounds.
6.5 Most pictures are generic images of the item described. The Supplier will
try to be as accurate as possible with the pictures used. The Buyer should note
that the manufacturers do at times change the appearance of a product during
its' manufacturing cycle. In this case the Supplier shall not be held liable.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain
age the Buyer will be asked when placing an order to declare that they are of
the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order
certain Goods and/or Services, the Supplier shall be entitled to cancel the
order immediately, without notice.
8
DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 3-5 working
days on receipt of payment.
8.2 Goods supplied outside the UK will normally be delivered within 3-5 working
days on receipt of payment.
8.3 The Supplier shall use its reasonable endeavours to meet any date agreed
for delivery. In any event time of delivery shall not be of the essence and the
Supplier shall not be liable for any losses, costs, damages or expenses
incurred by the Buyer or any third party arising directly or indirectly out of
any failure to meet any estimated delivery date.
8.4 Delivery of the Goods shall be made to the Buyer's address specified in the
order and the Buyer shall make all arrangements necessary to take delivery of
the Goods whenever they are tendered for delivery.
8.5 If the Buyer submits incorrect or inconsistent delivery information, the
Supplier will attempt to correct any discrepancies. If the Supplier cannot
correct discrepancies within reasonable measures, the Buyer will be contacted
in due course for clarification. In this event, the Supplier is not liable for
any time delay in the order.
8.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8.7 It is the Buyers responsibility to check the consignment and within 24
hours notify the Supplier if any of the items supplied are not those ordered.
After this period, mistakes cannot be rectified.
8.8 Title in the Goods shall not pass to the Buyer until payment of the price
has been made in full.
9 CANCELLATION
9.1 The Buyer may cancel any order for Goods for
any reason up to the point of dispatch and any payments made by the Buyer shall
be refunded within a reasonable time period.
9.2 If you are a consumer you have the right, in addition to your other rights,
to cancel the Contract for Goods and receive a refund by informing the Supplier
via email within 7 working days of receipt of the Goods. The right to cancel
does not apply to contracts for the supply of software, audio or visual
recordings if these have been unsealed by the Consumer.
9.3 Goods must be returned by the Buyer at the Buyer's expense within 28 days
of cancellation in the original packaging and should be adequately insured
during the return journey. The Buyer will receive a refund for the item price
paid for the Goods (excluding delivery charges and return postage charges). If
the Buyer fails to return the Goods following cancellation, the Supplier shall
be entitled to deduct the cost of recovering the Goods from the Buyer.
9.4 If the Buyer fails to take reasonable care of the Goods, they do not lose
their right to cancel, but the Supplier may be able to offset the cost of any
unreasonable damage against the refund due.
9.5 A consumer has a "cooling off" period of 7 working days and an
unconditional right to cancel within that time. The Distance Selling
Regulations require the Buyer to send a notice of cancellation in writing,
including email or fax.
N.B a telephone call is not enough.
10 RETURN
10.1 The Buyer has the responsibility to inspect the Goods for signs of outward
damage of the Goods prior to signing for them whilst in the presence of the
courier. Failure to do this will result in a delay in the processing for
replacements or refunds whilst the Supplier appeals to the transport company.
And also may result in the claim being rejected by the transport company.
10.2 The Buyer must notify the Supplier via e-mail within 7 working days of
delivery if the Goods are damaged or do not comply with any of the Contract at: info@avonics.co.uk . If the Buyer fails to do so the Buyer shall be
deemed to have accepted the Goods. Where a claim of defect or damage is made,
the Goods shall be returned by the Buyer to the Supplier within 28 days of
delivery. The Seller reserves the right to a rectification of defects upon the
return of defective Goods. In the case that repair or replacement is proved
impossible, the Buyer shall be entitled to receive a full refund (including
delivery costs) plus return postage charges up to £10 if the Goods are in fact
defective.
10.3 Goods to be returned must comply with the Suppliers return procedure. The
Buyer must email the Supplier outlining the exact nature of the return request
to: info@avonics.co.uk . The Buyer must include all relevant information
for the return including, invoice number, number of items, item identification
number(s) and the reason for return. The Buyer has the responsibility to
contact the Supplier in the event of a return request. Once the return request
has been resolved by both the Supplier and the Buyer, the Buyer will receive a
return slip via email. The Buyer has the responsibility to subsequently print
the return slip and attach it clearly and securely to the return parcel(s).
10.4 The Buyer is in no way forced to complete the steps outlined in 10.3,
however in the circumstance that they don't, it will result in the return
procedure being delayed and subsequently will become complicated for both
parties.
10.5 Where returned Goods are found to be damaged due to the Buyer's fault the
Buyer will be liable for the cost of remedying such damage.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the
Buyer is dealing as a Consumer, in the event of any breach of these Terms and
Conditions by the Supplier the remedies of the Buyer shall be limited to
damages which shall in no circumstances exceed the price of the Goods and/or
Services and the Supplier shall under no circumstances be liable for any
indirect, incidental or consequential loss or damage whatever
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability
of the Supplier for death or personal injury resulting from the negligence of
the Supplier or that of the Supplier's agents or employees.
12
WAIVER
No waiver by the Supplier (whether express or
implied) in enforcing any of its rights under this contract shall prejudice its
rights to do so in the future.
13
FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its
obligations if the delay or failure results from events or circumstances
outside its reasonable control, including but not limited to, acts of God,
strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or
shortage or unavailability of raw materials from a natural source of supply,
and the Supplier shall be entitled to a reasonable extension of its
obligations.
14
SEVERANCE
If any term or provision of these Terms and
Conditions is held invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as
if these Terms and Conditions had been agreed with the invalid illegal or
unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms
and Conditions at any time but this right shall not affect the existing Terms
and Conditions accepted by the Buyer upon making a purchase.
16
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and
construed in accordance with the law of England and the parties hereby submit
to the exclusive jurisdiction of the English courts.
Avonics Ltd. WEEE Policy
Waste Electrical and Electronic Equipment (WEEE) Returns
In the European Union (EU), waste from electrical and electronic equipment (WEEE) is now subject to legislation designed to prevent the disposal of such waste and to encourage proper treatment measures to minimize the amount of waste ultimately disposed to landfill. The objective of the EU WEEE Directive is to preserve, protect and improve the quality of the environment. In particular, the EU WEEE Directive 20021961EC requires that Producers of electronic equipment be responsible for the collection, reuse, recycling and treatment of WEEE which the Producer places on the EU market. Avonics Ltd, as an electronics producer, endeavours to meet these environmental responsibilities for managing WEEE. In so doing, we are providing the following information for its customers about our WEEE collection process.
Take-back Policy (
To comply with the EU WEEE Directive,
the
Labelled WEEE
If you have purchased Avonics-branded electrical or electronic products in the UK on and after August 13, 2005, and are intending to discard these products at the end of their useful life, please do not dispose of them with your other household/business or municipal waste. Avonics has labelled its electronic products with the WEEE label (crossed out wheelie bin) to alert our customers that products bearing this label should not be disposed of in a landfill or with municipal or household/business waste. Instead, please be aware that Avonics Ltd is providing a goods return and treatment facility available to you for recycling these products. We will take back the labelled electrical product and its associated cables.
To help in the proper handling of electronic products at the end of their useful life, we request you return those products, so that they can be dismantled for treatment and environmentally sound disposal.
To return these products, please email Info@avonics.co.uk or telephone 0161 872 7001 to obtain a returns authorisation and delivery instructions.
Note: Only authorized WEEE returns will be accepted. You will be requested to ensure the items are sufficiently packaged — correctly labelled and limited in overall weight, before delivery or collection will be accepted. If you are unable to deliver the EEE to our facility or have no shipping facilities of your own, Avonics can provide a competitively priced collection.
Historical WEEE
Historical waste is defined as WEEE purchased before August 13, 2005.
End of life Avonics branded historical WEEE. The WEEE Directive does not legislate that Avonics Ltd, as a ‘producer’, shall collect ‘end of life’ historical WEEE of its own brand, unless it is being replaced by new Avonics equipment on a like for like basis. This ‘end of life’ WEEE should be recycled appropriately by the owner who should use proper treatment and recycling measures. It should not be disposed to landfill.
Like for like replacement historical WEEE — Under the WEEE Directive Avonics are obliged to provide a take back process for ‘any brand’ purchased before August 13,2005 on a ‘like for like’ basis (like for like — is defined as any brand of equipment being replaced by a new Avonics purchase of equipment providing the same function.)
